Employer / Worksite Compliance Programs

Today more than ever, employers and local municipalities are being closely scrutinized
to insure that their workforce and contractual relationships use only authorized legal workers.  Corporate responsibility and governance now mandate due diligence to make
sure companies know their workforce and police themselves.  No company or local municipality wants to be the target of a Homeland Security investigation and the possible ramifications of same, i.e. criminal and/or civil liability, adverse media exposure, customer or constituent dissatisfaction. Yet, many companies do not know how to begin or what
steps to take to balance their obligations under this law with the rights of their workers.

See the N.Y. Times Article. Also for further information see the following link: HRE_Story

How Can OSS Help?
Omega Secure Solutions, Inc. is a company founded by former Department of Justice and Homeland Security Senior Immigration Enforcement Officers who, during their careers, specialized in enforcing Employer Sanction laws and know the nuances of the laws.  Our teams are highly trained former immigration officers and many, in their senior law enforcement roles, helped develop the standards and rules that now apply in a worksite investigation. We operate at your company or municipality and conduct exhaustive reviews of your hiring practices and procedures.  We go beyond the basic audit of your company
I-9’s and provide you with an in-depth analysis of weak spots that may be exploited by unauthorized workers.

How Does it Work?
Omega Secure Solutions, Inc has several components in its Compliance Division strategy that range from an analysis of your current hiring practices to an in-depth audit of your records to evaluate its effectiveness.  Once the initial assessment is completed, Omega specialists go to work to help your HR department understand their responsibilities and train them on how to be “gatekeepers” in order to protect the company’s interest. Omega takes a balanced approach to protect both the company and its workers to insure the company has met its obligation on both fronts. Omega teams are highly trained to detect the latest schemes by unauthorized workers to circumvent and defeat existing safeguards. As necessary, Omega teams will “dig” into details often overlooked by the untrained and provide senior company officials with a detailed review of its current workforce and help develop safeguards for future needs.

Who Needs This Service?
This service is recommended for any company or municipality trying to understand and abide by current federal laws and taking the proactive steps to insure they have fully complied with their responsibilities to take ownership of knowing its workforce. Any company or municipality whose state is now implementing or developing legislation,
placing more responsibility on employers to stem the problem of illegal immigration,
needs this review.  Companies who are now facing investigation or sanctions by current enforcement actions can take advantage of this service to provide government authorities the assurance it has taken the necessary steps to correct any deficiencies.

SUSPENSION AND DEBARMENT

On September 12, 2008 U.S. Immigration and Customs Enforcement (ICE) notified seven companies that they would be considered for debarment from federal contracting because each had been found to be unlwafully employing persons without employment authorization.

"By using debarment in appropriate circumstances, the federal government can avoid working with businesses that employ an illegal workforce and unscrupulously undercut their competitors to gain an unfair market advantage because of reduced labor costs. This is yet another tool that we believe will further ensure compliance with our nation's immigration employment laws," said Julie L. Myers, Homeland Security Assistant Secretary for ICE.

The Federal Acquisition Regulations (FAR) provide that contractors may be considered for debarment if they have been found to have either knowingly hired an unauthorized worker or to continue to employ an alien who is or becomes unauthorized.

The significant effects of proposed debarments are as follows:

  • Each company's name is entered into the Excluded Parties List System (EPLS), which is a web-based system that identifies parties suspended, debarred, proposed for debarment or otherwise excluded from receiving federal contracts, certain subcontracts, and certain types of federal financial and non-financial assistance and benefits.
  • The companies are immediately prohibited from competing for new government contracts.
  • The proposed debarment and immediate suspension apply government-wide. Neither ICE, nor any other federal agency, may award a new contract while these companies are on the EPLS.

ICE has implemented a worksite enforcement strategy that focuses on bringing criminal charges and seeking criminal fines and forfeitures against employers. The investigative strategy has resulted in convictions and violations that make companies amenable for debarment. However, the real ICE objective here is not to see how many companies in the private sector they can debar in any given Fiscal Year but rather to bring about substantive vs. token compliance with the employment provisions of the INA.

In accordance, ICE is now entering into Administrative Compliance Agreements with select egregious violators of the INA. The existence of a cause for debarment does NOT NECESSARILY require that the contractor be debarred. The seriousness of the contractor's acts or omissions AND ANY REMEDIAL MEASURES OR MITIGATING FACTORS will be considered before any debarment action is taken. OMEGA IS CURRENTLY ONE OF ONLY TWO ICE-VETTED OR APPROVED COMPANIES POSSESSING SUBSTANTIAL IMMIGRATION LAW ENFORCEMENT EXPERTISE ON THE EMPLOYMENT PROVISIONS WHO CAN ASSIST WITH A NUMBER OF THE REQUIREMENTS IN A COMPLIANCE AGREEMENT.

OMEGA…THE LAST WORD IN HOMELAND SECURITY SUPPORT